A/RES/59/38
The term “immunity” in article 10 is to be understood in the context of the present
Convention as a whole.
Article 10, paragraph 3, does not prejudge the question of “piercing the corporate
veil”, questions relating to a situation where a State entity has deliberately misrepresented
its financial position or subsequently reduced its assets to avoid satisfying a claim, or other
related issues.
With respect to article 11
The reference in article 11, paragraph 2 (d), to the “security interests” of the
employer State is intended primarily to address matters of national security and the
security of diplomatic missions and consular posts.
Under article 41 of the 1961 Vienna Convention on Diplomatic Relations and
article 55 of the 1963 Vienna Convention on Consular Relations, all persons referred to in
those articles have the duty to respect the laws and regulations, including labour laws, of
the host country. At the same time, under article 38 of the 1961 Vienna Convention on
Diplomatic Relations and article 71 of the 1963 Vienna Convention on Consular Relations,
the receiving State has a duty to exercise its jurisdiction in such a manner as not to
interfere unduly with the performance of the functions of the mission or the consular post.
With respect to articles 13 and 14
The expression “determination” is used to refer not only to the ascertainment or
verification of the existence of the rights protected, but also to the evaluation or assessment
of the substance, including content, scope and extent, of such rights.
With respect to article 17
The expression “commercial transaction” includes investment matters.
With respect to article 19
The expression “entity” in subparagraph (c) means the State as an independent legal
personality, a constituent unit of a federal State, a subdivision of a State, an agency or
instrumentality of a State or other entity, which enjoys independent legal personality.
The words “property that has a connection with the entity” in subparagraph (c) are to
be understood as broader than ownership or possession.
Article 19 does not prejudge the question of “piercing the corporate veil”, questions
relating to a situation where a State entity has deliberately misrepresented its financial
position or subsequently reduced its assets to avoid satisfying a claim, or other related
issues.
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